Gregory James
Immigration Law Firm
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Claims for Refugee Protection
The Canadian government has undertaken to provide refugee status to almost anyone who can get to Canada and prove that they will be at a genuine risk of persecution, torture or other very serious harm in their home country. In current jargon this is referred to as a claim for refugee protection. Most such cases are decided by the Immigration and Refugee Board of Canada (IRB). Others are decided at immigration or Border Services offices inside Canada, or visa offices outside of Canada.
It is not easy to prove that someone will be at genuine risk of very serious harm in their home country. The legal definitions of people in need of protection are quite technical. Corroborating evidence can be difficult to collect and present.
A claimant must show that he or she made all reasonable efforts to get their own government to protect them before they gave up and came to Canada.
A claimant must also prove that he or she would be at risk everywhere in their country.
Credibility is another issue in refugee claims. Many refugee claims are refused because the claimant is believed to be lying about important parts of the case. This might be because the claimant is believed to be contradicting him- or herself, or is contradicted by other available evidence. Refugee claimants sometimes fail to provide the best corroborating evidence available to them, and this will undermine their case too.
There are many other issues that might come up in a refugee claim.
A person who has engaged in or been complicit in serious crimes, especially crimes against humanity or war crimes, will not be granted refugee protection.
Many people who make claims for refugee protection do so not because they are truly afraid of serious harm in their own country, but for other reasons. Anyone considering this option should get sound advice first to see if there are other options available, as making a refugee claim might complicate other options.
Those who truly are afraid they will be seriously harmed if they have to return to their own country should make their claim as soon as possible, as any delay will have to be explained and creates complications in the claim.
Groups of Canadians can sponsor refugees who are outside of Canada, if the refugees meet certain criteria.
A successful refugee claimant can apply for permanent residence in Canada.
Refugee protection is a serious matter. Those who are genuinely afraid to return to their country should get qualified help, as the consequences of a poorly prepared or poorly presented case can be catastrophic.
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